The source of funds used by a non-resident Indian (NRI) should be identified at the time of investing in order to decide if the money can be taken outside the country on sale or redemption.2) If the source of funds is foreign currency, it can be sent without any restriction. If, however, it is Indian rupees, it cannot be remitted. These two sources cannot be clubbed together.

The bank account through which the investment is routed is used to determine the source of funds. The funds that are remitted from abroad into the NRE or FCNR accounts and invested can be freely sent back.

4) The income earned in India on investments is repatriable, irrespective of the source of funds. This includes interest from bonds and bank accounts, rental income, dividends from shares and mutual funds.

5) The income earned on an investment is freely repatriable once the taxes have been paid according to the Indian laws.

6) The income in the form of sale proceeds from capital assets, such as property, land, shares, bonds, andmutual funds held in India, are repatriable to the extent of funds remitted from abroad for buying these capital assets.

Any gain arising from a sale of property located in India is taxable in the year of transfer and is subject to capital gains tax

I am a non-resident Indian (NRI) and a resident of the US. I want to buy a property in India and I want to know what will be the tax liability when I sell the property.

—Ramesh Gupta

Any gain arising from a sale of property located in India is taxable in the year of transfer and is subject to capital gains tax. Depending on the period of holding the property, capital gain will be considered as either long-term capital gain (LTCG—if holding period is over 36 months); or short-term capital gain (STCG—if holding period is 36 months or less).

LTCG is subject to a tax rate of 20% (excluding surcharge and education cess) after indexation of cost. It can be claimed as exempt to the extent it is re-invested in India (before filing of India tax return) in specified bonds or a residential house (to be either purchased within 2 years or constructed within 3 years of transfer of the land). There are certain restrictions, however, on the sale of the new asset bought and the quantum of investment made in bonds. If due to some reason, the capital gains remain un-invested until the due date of filing of India tax return (i.e., 31 July), the money could be deposited in a capital gains account scheme with a bank and subsequently withdrawn for re-investment. STCG is taxable at progressive rates of 10-30% (excluding surcharge and education cess).

Method of calculation of capital gains: Tax is payable on net consideration, which is full value of consideration that would be received on transfer minus cost of acquisition (indexed cost in case of LTCG), cost of improvement (indexed cost in case of LTCG), and cost incurred to execute the transfer. Any loss on sale of property can be carried forward up to eight years from the year of sale by filing a tax return. The loss can be offset against LTCG or STCG. Therefore, any gain on sale of house property would be subject to tax depending on the period you hold the property for.

I live in New York and hold a non-resident rupee account. I want to gift a house to my sister who lives in India. I wanted to know what will be the tax implications for both of us?

—Karunya Talwar

There is no gift tax in India. However, income tax is payable on any sum of money, movable property or immovable property received by an individual without consideration (i.e., without a quid pro quo), except gifts received from a relative. Any income from such property or any gains on the sale of such property in India will be taxable on its receipt in the hands of the legal owner.

However, any income from the property (for example, rental income) or subsequent gain from sale of the property shall be taxable in India

I have been working with an airline company in Dubai for a few years now. I have a few fixed deposits in India. Will the interest earned on these deposits be taxed?

—Manas Gupta

Any income earned or received in India is taxable in India. Therefore, interest earned on the fixed deposits in India is taxable in India.

However, there are certain exemptions available under the Income-tax Act, 1961. Any interest earned on the deposit in an non-resident external (NRE) account (savings or fixed deposit) is exempt under section 10(4)(ii) of the Act for an individual who is a person resident outside India as per the Foreign Exchange Management Act,1999 (Fema) or a person who has been permitted by the Reserve Bank of India (RBI) to maintain the aforesaid account.

We would recommend that you check the type of account you hold in India and your residential status in India under Fema rules to determine the taxability of the interest income.

I am a non-resident Indian (NRI) based out of Sweden. I have been living here for the past 25 years. I want to buy a house in my father’s name in India. Will either of us be taxed for it if I do so? I also wanted to know the tax aspect of the same.

—Gurpreet Singh

If you buy a house in your father’s name, it will be termed as gift. Gift of any immovable property, where the stamp duty value of the property exceeds Rs.50,000, is taxable as “Income from other sources” in the hands of the recipient of the gift. However, certain gifts are not subject to tax.

In case the property is gifted to a relative, then there would be no tax implications, on the recipient or on the giver. The term ‘relative’ is defined under the income tax laws. This definition includes one’s parents.

Therefore, immovable property gifted by you to your father will fall under the exception and will not be subject to tax in India at the time of purchase.

However, any income from the property (for example, rental income) or subsequent gain from sale of the property shall be taxable in India.

Under the income tax laws, the term relative includes spouse, siblings, spouse of siblings, brothers or sisters of either of the parents

I work in a bank in Kuwait and have a rupee fixed deposit in India. The interest is credited to my savings account and tax is deducted at source (TDS). Do I need to file a tax return?

—Kamal R.

It is mandatory for an individual to file her income tax return if total income before claiming tax deductions under sections 80C to 80U of the Income-tax Act, 1961, exceed Rs.2.5 lakh in a given financial year. This can include investments made in Public Provident Fund (PPF), life insurance contributions, interest on education loan, and donations made to specified charitable institutions. The limit is Rs.3 lakh for senior citizens (60-80 years) and Rs.5 lakh for super senior citizens (above 80 years). If the total income (before claiming deductions) in India does not exceed the limits specified above, the individual is not required to file a tax return in India. If TDS is more than the actual tax liability, a tax return may be filed to claim tax refund.

What are the TDS linked regulatory requirements with respect to purchase of immovable property costing more than Rs.1 crore when the buyer is a non-resident Indian (NRI)?

—Jayesh Pradhan

On purchase of immovable property (other than agricultural land) worth Rs.50 lakh or more, the buyer is required to deduct (and deposit) withholding tax at the rate of 1% from the consideration payable to the resident seller. Withholding tax deducted by the buyer needs to be paid to the credit of the central government within seven days from the end of the month in which the tax deduction is made. Tax can be paid online or offline along with Form 26QB. The seller of the property must furnish her permanent account number to the buyer.

I want to buy an office space for my sister in India, and I’m an NRI. Will either of us be taxed for this?

—Kanv Khatri

There is no gift tax in India. Accordingly, there will be no tax liability for you. However, income tax is payable by the recipient of the gift on any sum of money, movable property or immovable property received without consideration (i.e., without a quid pro quo), except if gift is received from a relative.

Under the income tax laws, the term relative includes spouse, siblings, spouse of siblings, brothers or sisters of either of the parents, and so on.

Therefore, a gift of office space that is located in India to your sister will not be subject to tax in India.

PIOs are allowed to repatriate up to $1 million per financial year out of the sale proceeds of assets in India acquired by her by way of inheritance

I am a non-resident Indian, and had invested in sovereign bonds (G-secs) in India 11 years ago. I want to withdraw the matured money. Will I be taxed?

—Christopher Samuel

Amount received on maturity of G-secs is not taxable in India if they are notified tax-free bonds. From your question, we infer that the bonds have already matured and the money is lying in your bank account in India. If you intend to withdraw the matured money, there should not be any tax deducted at source (TDS).

Can a Person of Indian Origin (PIO) sell inherited property in India and repatriate the amount? What are the tax liabilities for the same?

—Chandan Prakash

PIOs are allowed to repatriate up to $1 million per financial year out of the sale proceeds of assets in India acquired by her by way of inheritance. This is subject to production of documentary evidence in support of inheritance of asset and a certificate from a chartered accountant in the prescribed format. Remittances exceeding $1 million in any financial year require prior permission of the Reserve Bank of India. Sale of property situated in India will be taxable in the year of sale.

An immovable property held for more than 36 months is classified as a long-term capital asset. Capital gains on sale of these assets are subject to tax of 20% (excluding surcharge and education cess). For an inherited property, holding period is calculated from the date of acquisition by the original owner. Taxable capital gain will be net sale proceeds less indexed cost of acquisition (i.e., adjusted as per cost of inflation index or CII) less cost of improvement. Capital gains can be claimed exempt to the extent the money is re-invested in India in specified bonds or a residential house (to be either purchased within two years or constructed within three years of transfer of the land). If the capital gains remain uninvested until the due date of filing of India tax return (31 July), you can also put the amount into a Capital Gains Account Scheme (CGAS) not later than the due date of filing your India tax return. You can subsequently withdraw this amount for reinvestment.

If the entire amount is not reinvested or not deposited in CGAS, the remaining portion of the gain will be taxable. A provision is available to non-resident Indians (NRI) with investment income and long-term capital gains as the only sources of income. They are exempt from filing tax return in India if tax is deducted at source (TDS) on such income.

In case of LTCG, the difference between the sale price and indexed cost of acquisition will be taxable as LTCG at the flat tax rate of 20%

I’m a non-resident Indian (NRI) living in Germany and have inherited a piece of non-agricultural land in India. I am going to sell it soon. Can I repatriate the sale proceeds?

—Ashish Sinha

An NRI may remit an amount up to $1 million per financial year (i.e., 1 April to 31 March), out of the balances held in her Non-Resident Ordinary (NRO) rupee account, including sale proceeds of assets (inclusive of assets acquired by way of inheritance or settlement), for all bona fide purposes, subject to payment of applicable taxes in India, if any.

So you can remit the sale proceeds from sale of non-agricultural land subject to satisfaction of following conditions:

(a) income-tax, if any, has been deposited

(b) documentary evidence of inheritance is provided.

Further, any gain arising from the sale of property is taxable in the year of transfer and is subject to capital gains tax.

Depending on the period of holding of the property, capital gain will be considered as either: long-term capital gain (LTCG), if period of holding is more than 36 months; or short-term capital gain (STCG), if period of holding is 36 months or less.

As you had inherited the property, the period of holding of the previous owner would also be taken into consideration.

The cost of acquisition will be the cost incurred by the previous owner to acquire the property.

In case of LTCG, the difference between the sale price and indexed cost of acquisition will be taxable as LTCG at the flat tax rate of 20% (plus applicable surcharge and education cess). LTCG can be claimed as exempt from tax to the extent that it is re-invested in India in another residential property or specified bonds, subject to certain specified conditions.

If due to some reason the capital gains remain uninvested till 31 July—the due date for filing of tax returns in India—then the amount of capital gains could be deposited in a capital gains account scheme with a bank (not later than the due date of filing your tax return in India) and subsequently withdrawn for specified reinvestment.

In case of STCG, the difference between the sale price and cost of acquisition will be taxable at applicable slab rates (plus the applicable surcharge and education cess).

Any loss on the sale of property can be carried forward up to eight years from the year of sale by filing a tax return and be offset against long-term or short-term capital gains.